The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1887-05-05
Reese g Basic Process.

The last number of the Pittsburg Man
| ufacturers' Record contains an opinion of
Judge Stowe. handed down week before,
| in the litigation which has been going on
for a number of years between Jacob Reese
and the Bessemer Steel Company. The
| report of the master commissioner, pub
lished some weeks ago. was favorable to
r .ese. The opinion of Judge Stowe up
Sc this and gives all The patents to the
Bessemer Steel Company. Whether the
Bessemer Company will smother the
patent in the interest of the Bessemer pro-
cess which they control, or give the coun-
| try the benefit of it, must be developed in
the future. The phosphoretic iron ores of
this portion of the Valley are suitable for
the Basic process and not for the Bessemer,
and for this reason cur people are inter
ested in the litigation. The opinion of
Judge Stowe is rs follows.
The master was mistak en- in assuming in this
report that the court had already absolutely
| endorsed his construction OF the contract be-
tween the plaintiffs (the Bessemer Steel Com
pany) and the defendant (Reesel in regard to
what patents. ETC., the latter had agreed to sell
and transfer to the plaintiffs The question as
now presented was not raised by any exception
filed by plaintiffs. nor was 1t considered by the
| court.
| was whether the finding of the master TT at the
| Till should be dismissed should be sustained
If SO: then everything else was imnaterial; If
| conveyed by the defendant to the plaintiffs be-
came important. and 1t was only after decree
| that we discovered that any serious question
arose in regard to 1t, and 1t was tO learn to what
patents, etc, the master referred when he said
| In his report that the defendant was bound to
assign to the plaintiffs all those specified In Ex-
| hibit 9. and those which belonged to the defend
ant on September 25. 1879, whether patented or
| to or were connected with the manufacture of
pig iron. iron or steel ingots, blooms billits
into rails, blooms or plates. &c. Now this is the
| exact Language Of the contract of the parties as
| set out in Exhibit A. and threw no more light
upon what particular patent ETC., was involved
| self.
1t is true that the argument of the master in
! dicates that he gives limited Interpretation
| to the agreement restraining it to such patents
| only as were connected with the manufacture
4 Of iron and steel into rails. ingots and biliets
4 and not such as were connected with the met
| allurgy of iron and STEEL 1t would have been
4 somewhat different to except to his specific
| anding of fact. As under stand the contract
/ Elk. and it's supplant Elk. B they both cover
| exactly-the same subject, the only substantial
difference being that the latter lease agrees in
addition to what be he'd previously agreed to
assign and .ransfer any and all processes. etc,
| vent and apply to have patented lex. AZ and
] also any letters patent said BesEemer steer
| Company shall elect to take, etc.
1 The case now presented covers the question
| fully and specifically and must be met. A care
full conside ration Of the contract compels me
to differ radically from the conclusion approved
| by the master in regard to the agreement eek
] AZ.
| am of the opinion that the department
should assign all The patents, applications, etc..
| there found by the master. and also ali the
others found by the master should not be as
signed except patents No. slb. 4aS, and Nos. $50
| and 1858. and exhibit No. S06. being an appiioa-
| tion for patent for invention and phosphate of
lime Tor fertiliziDg. 1t is now ordered that the
decree heretofore made be amended in accord
lpee herewith.
BY fhla DECISION the Bessemer Steel Company
becomes possessed OF the entire series of pat
ents forty-two in nAmbsr, covering what is
known as the ebasic" process,pf etesl manu-
fActure. ..
There is an amount of $4,000 duo Mr.. Reese,
! which win now be Immediately paid, Messrs.
Dalzell and Gorden were Tire plaintiffs attor-
neys. and Messrs McClnng. D. #. Watson. and
George e. Christy were Mr.. Reese's attorneys.
This litigation commenced In 1879, and has
been actively prosecuted since 1882.